Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 1-12-1959 as Section 1 and the ninth paragraph of Section 2 of Chapter VII of the Ordinances of the Village of Lancaster (Ch. 116 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 205.
Peace and good order — See Ch. 230.

§ 234-1 Definitions.

[Amended 6-23-2014 by L.L. No. 3-2014]
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLING, CANVASSING or SOLICITING
The taking of orders for goods, wares or merchandise, including subscriptions for magazines, or other printed matter, the obtaining of contracts for home and building devices, repairs and improvement and the securing of contributions to various causes and organizations, from house to house, or upon any street or sidewalk in the Village of Lancaster.

§ 234-2 License required.

[Amended 6-23-2014 by L.L. No. 3-2014]
Within the corporate limits of the Village of Lancaster, it shall be unlawful for any person, association, partnership, firm, or corporation to peddle, canvass or solicit as herein defined without first having obtained and paid for and having in full force and effect a license issued by the Lancaster Village Clerk.

§ 234-3 License application requirements; nontransferability.

[Amended 6-29-1976 by L.L. No. 11-1976; 6-23-2014 by L.L. No. 3-2014]
A. 
Any person desiring to engage in peddling, canvassing or soliciting as herein defined shall submit a written application to the Village Clerk on a form to be furnished by the Village Clerk, accompanied by a valid driver's license, passport or other verifiable photo identification. The application shall be accompanied by an application fee in the amount set forth within Chapter 144 of the Village Code.
B. 
The applicant shall state the applicant's name, age, sex, social security number, home address, business address, name and address of employer, if any, what the applicant desires to canvass, peddle or solicit, the length of time the applicant wishes to engage in this work and the make and type of vehicle, if any, the applicant will use, its registration number, whether the applicant has ever been convicted of a felony or misdemeanor, and if so, as to each conviction the date of conviction, nature of offense and name and address of the court whereat such conviction occurred.
C. 
The Village Clerk shall issue to the applicant a license within seven days from the date of filing of the application with application fee unless the application is rejected by the Village Clerk for good cause. No license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
D. 
Any applicant who has been refused a license by the Village Clerk may appeal to the Village Board of Trustees and the same appeal may be granted or refused by the Board of Trustees.
E. 
No license issued under this chapter shall be transferable from one person to another.
F. 
All licenses issued here under shall indicate the date upon which it was issued and shall be limited in duration to two months following the date of issuance.

§ 234-4 Standards of conduct.

[Amended 6-29-1976 by L.L. No. 11-1976; 6-23-2014 by L.L. No. 3-2014]
Every person engaged in peddling, canvassing or soliciting within the confines of the Village of Lancaster shall, in the conduct of his or her activities, comply with the following standards of conduct:
A. 
Such person shall conduct himself at all times in an orderly and lawful manner.
B. 
Such person shall not enter onto enter property if the premises is posted with a sign bearing the words "No Peddlers," "No Solicitors" or words of similar import.
C. 
Such person shall carry his or her license at all times and exhibit it upon request to any police officer, the Village of Lancaster Code Enforcement Officer or to any person on whom such person shall call or with whom such person shall talk in the course of peddling, canvasing or soliciting.
D. 
Such person shall not permit any person to have possession of his or her license and shall immediately report its loss in writing to the Village Clerk. Such person shall not cause or permit his or her license to be altered or defaced in any way.
E. 
Such person shall not engage in peddling, canvassing and soliciting before 8:30 a.m. nor after dusk.
F. 
Such person shall not enter or attempt to enter any dwelling without the invitation or permission of the occupant and shall immediately leave any premises upon the request of the occupant.
G. 
Such person shall not be guilty of any false pretense or misrepresentation, and particularly, he shall not represent his license to be an endorsement of himself or his goods or services or of the goods or services of his employer by the Village.
H. 
Such person shall give a written receipt for all orders taken within the Village where a down payment is received, which receipt shall be signed by the solicitor and shall set forth a brief description of the goods, wares, merchandise or services ordered, the total purchase price thereof and the amount of down payment received by the solicitor from the purchaser.
I. 
Such person shall immediately surrender his license to the Village upon revocation thereof.

§ 234-5 Applicability of fee.

The Mayor may in his discretion issue licenses free of charge to indigent persons for peddling, from handcarts, baskets or other receptacles, small articles of merchandise other than fruit farm or garden products upon the public streets and grounds of the Village, but no more than one such license shall be issued to one person.

§ 234-6 Exempt commodities.

The provision of this chapter shall not apply to the hawking or peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.

§ 234-7 Exceptions. [1]

A. 
The provisions of this chapter shall not apply to hawking or peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military service of the United States or to the holder of a license granted pursuant to § 32 of the General Business Law of the State of New York.
B. 
The provisions of this chapter shall not apply to officials or employees of a city, town, county, Village, state or federal government nor to members of accredited fund-raising organizations nor to persons otherwise lawfully circulating petitions regarding a public issue.
[Added 7-13-1970]
[1]
Editor’s Note: Former § 234-7, Expiration and nontransferability of license; was repealed 6-23-2014 by L.L. No. 3-2014. This local law also provided for the redesignation of former §§ 234-8 and 234-9 as §§ 234-7 and 238-8, respectively.

§ 234-8 Penalties for offenses.

[Added 6-29-1976 by L.L. No. 10-1976]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.